University of Phoenix Material s4

Course Discussion Prompts 1 LAW/421 Version 2 University of Phoenix Material

First Messages

Week 1 First Messages

 To what extent does succession planning—such as for wills, estates, and trusts—affect business? How might these legal topics interact with your current or past job or industry? DQ: 1.1

 What are the three branches of government and their functions? How are powers balanced in the U.S. government? How does each branch of government make laws? Provide examples. DQ: 1.1

 What are some examples of alternative dispute resolutions (ADRs)? What are the advantages an d disadvantages associated with ADR versus litigation? What are some examples of arbitration that c an occur in your professional and personal life? Explain. DQ: 1.3

 What are the differences between substantive law, procedural law, criminal law, civil law, commo n law, and statutory law? Provide examples of each. What U.S. Constitution amendments were imple mented to protect the rights of businesses and organizations? DQ: 1.1, 1.3

 What are the elements of negligence? How does an intentional tort differ from negligence? Provid e examples. How does the strict liability doctrine apply to the practice of accounting? Provide exampl es. DQ: 2.1

 What types of intellectual property are used at your organization? How are they protected? What are the advantages and disadvantages of a noncompete clause as opposed to a nondisclosure claus e? What privacy and security issues arise when conducting business on the Internet? Provide exampl es. DQ: 2.2, 2.3

 Does the First Amendment to the U.S. Constitution protect defamation? Explain why or why not. What is the relationship between the First Amendment of the U.S. Constitution and censorship when doing business? Explain. DQ: 2.1

 What are the essential elements necessary to form a valid contract? Provide examples of each. U nder what conditions can contractual duties be modified? When does promissory estoppel apply? Pro vide an example. DQ: WEEK3

 What is the difference between a material breach of contract and a nonmaterial breach of contrac t? What are some examples of legal and equitable remedies available for breach of contracts? What are some legal excuses for nonperformance or other grounds for discharge of contracts? Provide exa mples. DQ: 3.3

 What are the differences between a void contract and a voidable contract? Provide examples. Wh ich party or parties to a voidable contract have the right to disaffirm the contract? Can written agreem ents be modified orally? Explain why or why not. DQ: 3.1, 3.2

 How does the UCC define a good? How does the UCC define a merchant? How are the UCC req uirements different for a merchant versus a nonmerchant? Provide examples. DQ: 4.2

 What are the UCC principles of good faith and reasonableness to sales contracts? What are the d ifferent ways that title transfers under UCC Article 2? Which party bears the risk? What distinguishes a sale on approval, sale on consignment, and sale or return under UCC Article 2? DQ: 4.1, 4.2, 4.4

 What are the remedies for contract breach available under UCC Article 2? What are the types of warranties available under UCC Article 2? How do you differentiate between implied and express war ranties under UCC Article 2? Provide examples. DQ: 4.3, 4.4

 Section 22-5, “White-Collar Crime,” in Ch. 22 addresses several forms of white-collar crime includ ing that of the Ponzi scheme. Also in that section is a “Business Ethics Perspective” vignette titled “Ep ic Fraud: Bernie Madoff’s Multibillion-Dollar Ponzi Scheme.” What does this example tell you about bu siness ethics and the need for criminal penalties in order to regulate business? DQ: WEEK5

 What are the elements of a crime? What are some examples of crimes that do not require sciente r? What constitutes criminal conduct according to the Racketeer Influenced and Corrupt Organization s Act (1970)? What are the consequences of engaging in these activities? Provide examples. DQ: 5.2

 What are some examples of ethical decision making that occur in your past or present job or indu stry? What are some of the challenges to business ethics faced in today’s business environment? Pro vide examples. DQ: 5.1